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HomeMy WebLinkAboutCity of Tamarac Resolution (244)Temp Reso # 9881 Page 1 of 4 August 26, 2002 Rev.#1, September 5, 2002 f1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002 - 244 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A RENEWAL AGREEMENT WITH WACKENHUT CORPORATION FOR SECURITY SERVICES ADOPTING BY REFERENCE ALL OF THE TERMS AND CONDITIONS CONTAINED IN BROWARD COUNTY CONTRACT #D090297RB01; AUTHORIZING AN ANNUAL EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $50,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1998 the City significantly enhanced the security of its municipal facilities through the installation of an integrated security management system; and WHEREAS, subsequent to the installation of the security system a security officer was deployed at City Hall in order to provide enhanced security at this facility; and WHEREAS, the City utilizing the provisions of City of Tamarac Code §6- 155 elected to procure security services from the Wackenhut Corporation utilizing n Temp Reso # 9881 Page 2 of 4 August 26, 2002 Rev.#1, September 5, 2002 a Broward County Board of County Commissioner's Agreement #D090297RB01 for security services rather than initiating a City bid process; and WHEREAS, the Broward County Board of County Commissioners Agreement (#D090297RB01) with the Wackenhut Corporation executed on July 14, 1998, provided for security services at Broward County Government facilities beginning August 4, 1998 for an initial period of two (2) years, with a renewal option for three (3) one-year periods, a copy of said Agreement attached hereto as Exhibit 1; and WHEREAS, on May 8, 2002, Broward County accepted a renewal of the aforesaid Agreement for the period of August 5, 2002 through August 4, 2003, a copy of said contract renewal is attached hereto as Exhibit 2; and WHEREAS, the Wackenhut Corporation will extend the terms and conditions of the Broward County Agreement to the City of Tamarac for an additional one year period; and WHEREAS, funding exists in the General Fund for this purpose; and WHEREAS, the Director of Public Works, and the Purchasing/Contracts Manager recommend that the City of Tamarac purchase security services from the Wackenhut Corporation for an additional one year period utilizing Broward County Agreement #D090297RB01 in an annual amount not to exceed $50,000; FTiT.I 1 Temp Reso # 9881 Page 3 of 4 August 26, 2002 Rev.#1, September 5, 2002 E E WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to purchase security services from the Wackenhut Corporation for an additional one year period utilizing Broward County Agreement #D090297RB01 in an annual amount $50,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are authorized to execute a renewal Agreement with Wackenhut Corporation adopting by reference all of the terms and conditions contained in Broward County Contract #D090297RB01, a copy of said agreement attached hereto as Attachment A. SECTION 3: An annual expenditure of funds in an amount not to exceed $50,000 is hereby approved. SECTION 4: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or Temp Reso # 9881 Page 4 of 4 August 26, 2002 Rev.#1, September 5, 2002 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11th day of September, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. `MITCHELL S. KRAFT CITY ATTORNEY c 1L A,- ,O E SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE U\adm correspondance\agendas\9881 RRS- Wackenhut contract renewal.doc 1 1 1 00o, City cif Tarn ar�ac Putc hasing .)ivision AGREEMENT THIS AGREEMENT is entered into on 7 2002 between the City of Tamarac, a municipal Corp ration with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 ("the City") and Wackenhut Corporation, a Florida corporation with principal offices located at 6499 Powerline Road, Suite 303, Fort Lauderdale, Florida 33309-2076 (Contractor) for the purpose of providing security guard services to the City of Tamarac. The parties hereby agree to the following terms and conditions. In return for valuable consideration in an amount not to exceed $50,000 annually, Contractor shall comply with the terms and conditions within the Broward County Contract #090297RB attached hereto as Exhibit 1 and pursuant to Section 3.1 of said Agreement allowing for renewal of said Contract for three additional one-year periods. The City is exercising its third renewal option for the period beginning August 5, 2002 and ending August 4, 2003 as agreed to by Contractor as set forth in Exhibit 2. All terms and conditions of contract documents set forth in Exhibit 1 and Exhibit 2 are incorporated herein as if set forth in full. Upon execution of this Agreement, all references made to the Broward County Contract #090297RB in Exhibit 1 shall be interpreted as pertaining to Tamarac, and all terms and conditions of Exhibit 1 shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "agency name" or "agency .board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners." This agreement and Exhibits 1 and 2 constitute the entire agreement between the City and the Contractor, Wackenhut Corporation. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 881h Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. A City of �<7171�7rac d Purchasing Divi ion P CONTRACTOR Drew Levine, Vice President Wackenhut Corporation 6499 Powerline Road Suite 303 Fort Lauderdale, Florida 33309-2076 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. The City of Tamarac, through its Mayor and Wackenhut Corporation through Drew Levine, its Vice President, duly authorized to execute same. CITY OF TAMARAC By,E ,Joe Schreiber, Mayor Date: q//(>/uL ATTEST:ByU Jeffr ler, City Manager Date: 1 Marion Swen on, CMC City Clerk Date: --- j `/C'1- Approv. as o form and legal Sufficibn By: itchell S. Kr f t, Ci Attorney Date: 1 I n/off r i7 ClyCity of 'larnarac ��Purchasing Division P ATTEST: (Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF BROWARD �ACKEINHUT COR ATION By: Authorized Signatur Drew Levine, Vice President Type/Print Name of Authorized Officer Date: ACKNOWLEDGEMENT SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Drew Levine, Vice President of Wackenhut Corporation a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal this Edward -r. ° "e-1ZC0MMiSSi0n#DD083112 o ExPires Feb. 9, 2006 •,'��i�V"��. AtlazltB Bo di Cn., Inc_ 29 day of AUGUST )2002, Signature of Notary Public State of Florida at Large EDWARD 'T. FARNAN Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. M EXHIBIT 1 AGREEMENT Between BROWARD COUNTY and WACKENHUT CORPORATION for --- SECURITY SERVICES RLI NO. 090297RB contrasted with of policy, all parties may `he instructions or determinations made by the Contract Administrator; providea, however, that such instructions and determinations do not change the Scope of Services, and provided further that changes by the Contract Administrator which are expressly authorized by the Procurement Code (Chapter 21 of the Broward County Administrative Code) may be relied upon by the parties. 1.4 Contract Year - shall mean twelve calendar months, beginning on August 5th of each year and ending on the following August 4th, of each yearly period during the term of this contract. 1.5 County Attorney - The chief legal counsel for County who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter. ARTICLE 2 SCOPE OF SERVICES 2.1 Contractor shall perform all work identified in this Agreement and Exhibit A. The parties agree that the Scope of Services is a description of Contractor's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. The Contractor will provide security services to various County agencies ("Using Agencies"), as required by County. Services may encompass a range of basic operations such as standing post, completing reports, and making notifications to specialized functions such as - dispatching, motorized vehicle and bicycle patrol, as well as security at specialized sites such as airport gates and courthouses. Contractor will be required to provide any of the three classes of Security Officers (Class I, II, and III, as described in Exhibit A-1) needed to perform the varying functions that might be needed by a Using Agency. In addition to the training required by Exhibit A, additional training or certification may be required by a Using Agency for any particular function, and such training shall be provided at the Contractor's expense and at no expense to the County. 2.2 The parties recognize under this Agreement.t questions larise The Contdract Administrator, shall advise rovision of services to a Using Agency Contractor in writing of one (1) or more of the County's employees to whom communications pertaining to the day-to-day conduct of services for each Using Agency shall be addressed ("Using Agency Representative"). Contractor shall inform the Using Agency and the Contract Administrator in writing of Contractor's CAF#112.FRM (Rev. 6/19/97) -2- Administrator in ti, -,, )ntractor will obtain prior w. :n . r --)val of the Contract Administrator prior to a,,y replacement or any other change , key staff and shall provide Contract Administrator with such information as necessary to determine the suitability of proposed new key staff. If Contract Administrator desires the removal of any key staff, Contract Administrator shall so advise Contractor in writing, and Contractor will remove such staff and provide replacement staff that is satisfactory to the. Contract Administrator. 2.9 Throughout the term of this Agreement, the Contractor shall keep fully informed of all federal, state, County and local laws, ordinances, codes, rules, and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, affect services to be provided- under the terms of this Agreement. The Contractor, its subcontractors, and their officers, agents, and employees shall at all times observe and comply with all such laws, ordinances, codes, rules, regulations, orders, and decrees in performing its duties, responsibilities, and obligations related to this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall be for a period of two (2) years, beginning on August 5, 1998 and shall end on August 4, 2000; provided, however, that the Purchasing Director may renew this Agreement for three (3), one-year periods, upon the same terms and conditions, by giving written notice of renewal to the Contractor thirty (30) calendar days prior to the end of the term or any renewal term. Notwithstanding the foregoing, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County- in accordance with Chapter 129, Florida_ Statutes. 3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE 4 COMPEN ATION 4.1 County agrees to pay Contractor, the hourly rates for the security guards at the rates for each year of this contract, as are established by Exhibit A-1, which amounts shall be paid in the manner specified in Section 4.3, and as provided below. 4.1.1 Overtime Charges - New Site Assignments or Additional Shifts. The County will make an effort to give the Contractor at least 48-hours notice of any new site assignment or additional shift requirements. If the operational needs of CAF#112-FRM (Rev. 6/19/97) -4- 4.3 ETHOD OF BILLING AND PAYMENT 4.3.1 Contractor may submit invoices for compensation no more often than on a weekly basis, with a separate invoice being provided for services provided to each Using Agency. Each invoice shall show the total number of security guard hours and equipment usage, by specific location, security guard classification, and equipment type, provided on a daily basis. An original invoice plus one copy shall be submitted to the County's Accounts Payable Division and one copy shall be submitted to the applicable Using Agency Representative. Supporting information must be provided with each invoice, that' shows a daily breakdown of staff reporting times, assigned posts, equipment types and usage and remarks to indicate differences between the County required coverage and that which was supplied. These billings shall identify the nature of the work performed, the total hours of work performed, the employee category of the individuals performing same, and the equipment types and usage. Billings shall also indicate the cumulative amount of SDBE participation for the period tcovered b h billing as well as the cumulative amount to date. Supporting invoices tor services must be provided. When requested by Contract Administrator or the Using Agency, Contractor shall provide backup for past and current invoices that records hours and costs by employee category, equipment used, and Using Agency, including subcontractor hours and costs, so that total hours and costs by Using Agency may be determined. 4.3.2 County shall pay Contractor within thirty (30) calendar days of receipt of Contractor's proper statement, as required by the "Broward County Prompt - Payment Ordinance" ie Brd Ordinance must be st amended from tTo be deemed comply with the requirements set forth in this Agreement, must be approved by the applicable Using Agency Representative, and must be submitted on the form and pursuant to instructions prescribed by Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Notwithstanding the foregoing, the parties desire to achieve early resolution of payment concerns and, accordingly, Using Agency Representatives shall make a good faith effort to verbally contact the Contractor prior to any Using Agency Representative making any notation on an invoice to deduct an item from payment. However, the failure of a Using Agency Representative to contact the Contractor prior to making any such notation shall not be deemed a waiver of County's right to withhold payment for any improperly submitted item on an invoice. CAF#112.FRM (Rev. 6/19/97) _g_ 4.8.3 Contractor shall bind each and every approved subcontractor to the terms stated in this Agreement and shall require the proper licensing of such subcontractors. 4.8.4 Contractor shall provide ved my with cranes of its contracts between the Contractor and theapp ARTICLE 5 CHANGES IN SCOPE OF SERVICES 5.1 Any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in accordance with Section 9.17 below. RTICLE 6 INDEMNIFICATION 6.1 Contractor shall at all times hereafter indemnify, hold harmless and, at County Attorney's option, defend or- pay for an attorney selected by County Attorney to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent - considered necessary by Contract Administrator and ount ACounty, until I all s b due Contractor under this Agreement may Y County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. ARTICLE 7 INSURANCE 7.1 In order to insure the indemnification obligation contained above, Contractor shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth in Sections 7.3, 7.4, and 7.5, in accordance with the terms and conditions required by this Article. CAF#112.FRM _ (Rev. 6/19/97) �$ Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.6 Contractor shall furnish to the Contract Administrator Certificates of Insurance or endorsements evide ce of work under this Agreement..ng the insurance coverages eThe dr requiby red Certcle prior to ificates of Insurance shall name the types of policies' provided. 7.7 Coverage is not to cease and is to remaininforce (subject to cancellation olicies mu t be until all performance required of Contractor p . endorsed to provide County with at least thirty (30) calendar days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) calendar days' prior to the date of their expiration. ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by action of Board or by Contractor upon ten (10) calendar days' written notice by the party that elected to terminate, or for convenience by action of Board upon not less than thirty (30) calendar days' written notice by Contract Administrator. This Agreement may also be terminated - a Contract nAdministratorr hircsttances n the upon such event Contract Admince as Contract iministrator deems strator ator determines appropriate under the car that termination is necessary to protect the public health, safety, or welfare. 8.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 8.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. CAF#112.FRM -10- (Rev. 6119/97) Agreement fol � ,E wired retention period of the ..c. . - 'ublic Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida ,-ublic Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of than�taCcounon period ts shall be retained reso ution is longer, the books, records, of the audit findings. If the oao�s ecordseCaa ublic ds Act ntractorlsh It omply wermined it County to be applicable to Cntrac all requirements thereof; however, no confidentiality or non -disclosure Cequirement of either federal or state law h books, recbe ordsaaend accod by � nts shall Any incomplete or incorrect entry be a basis for County's disallowance and recovery of any payment upon such entry. 9.3 NONDISCRIMINATION E UYMENT OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 9.3.1 Contractor shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 9.3.2 Contractor's decisions regarding regardelivery to �r consideration services ofuradCer age, - this Agreement shall be made without religion, color, gender, sexual orientatinBmental oo�County disabiaty, political Chapter 161/2), national origin, marital status, physical affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. 9.3.3 Contractor shall comply with Title I of the basks of disaicans bility in Dp�oymeint Act regarding nondiscrimination on further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, empla y p h national origin, marital status, political affiliation, or physical or mental y disability. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CAF#112.FRM 12- (Rev. 6/19/97) 9.5 9.4.4 This Agreement ..ems the following SDBE numenuai yt Minori t Business Ent r rise 20% 11 African -American The total assigned SDBE goals for this Agreement is: 20%• 9.4.5 Contractor incorporates by Exhibit "B" the names, addresses, pof SDBE e of work, and dollar value of SDBE participation on theSchedule Participation. Contractor understands that each minority and women -owned firm utilized on the Project Di°isiontoof eet Equal nEmp oyrnentmust &bSma certified Business y the opportunity.Broward County Opportunity. 9.4.6 Contractor understands that it is the responsibility of the Contract Administrator and the Broward County Division of Equal Employment & Small Business Opportunity to monitor compliance with the SDBE requirements. In that regard, Contractor agrees to furnish quarterly reports to both parties on the progress of SDBE participation commencing with the end of the first quarter of this Agreement. In d the Browardltion, the County Division ofrmust Equal inform the Contract Administrator an Employment & Small Business Opportunity immediately when an SDBE Sub- contractor is not able to perform. If the Contractor is unable to substitute the unavailable SDBE with another certified SDBE, the actual substitution of a non-SDBE subcontractor may not occur until the Broward County Division of Equal Employment & Small Business Opportunity has verified the good faith efforts of the Contractor to substitute the unavailable SDBE with another certified SDBE. UBLIC ENTITY CRIMES ACT Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to County, may not submit a bid on a contract with County for the construction or repair of a public building or awlic work, may not arded or perform worbkmit as a1ds a o�tractor�suppl ss of upplier, property to County, may not be subcontractor, or consultant under a contract with County, and may not transact any business with County in excess of the threshold amount provided in Section 287,017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section CAF#112.FRM (Rev. 6/19/97) -14- FOR CONTRAC � OR: The Wackenhut Corporation 6499 Powerline Road, Suite 303 Fort Lauderdale, FL 33309 9.$.2 Notices that are specific tparticular addressAgency designateshall d byglthe Using to the Using Agency Representative Agency's notice of same to the Contractor. 9,9 ASSIGNMENT AND PERFORMANCE 9.9.1 Neither this Agreement nor any interest aslhallbe ana tsubcotransferred, a y or encumbered by either party and Contractor portion of the work required by this Agreement except as authorized by this Agreement. ices uired 9.9.2 Contractor represents that all eandns dskillsr'e�heer byrtra ningaexpe Bence, y this Agreement have the knowledge education, or a combination thereof, to adequately and competently perform the duties, obligations, and services totforth in County'sthe sat satisfaction o � for the agreed f Services and to provide and perform such services compensation. er 9.9.3 Contractor shall perform its duties, mllann'er.s, and services The quality of Contdractorls Agreement in a skillful and respectable performance and all interim and fin blest local (and national standardss) provided tor on half of County shall be comparable to t 9.10 CONFLICTS 9.10.1 The Contractor, its subcontractors, and their employees shall not have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with their loyal and unde�thislentious Agreementrcise of judgment related to their perform 9.10.2 Contractor agrees that none of its officers or employees or the officers or employees of its subcontractors, shall, during the term of this Agreement, serve as an expert witness against County in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn CAF#112.FRM 16- (Rev. 6/19/97) 9.14 DINT PREPARE .vi Preparation of this Agreement has been a joint effort of County and Contractor and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 9.15 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.16 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 9.17 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Contractor. 9.18 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 9.17 above. CAF#112.FRM (Rev. 6/19/97) _1$- 9.21 Y AR 20 0 WARRANT , Contractor warrants that any equipment or materials furnished pursuant to this provision of services under this Agreement, Contract, or used in connection with the p hardware or or any software licensed t, needed, orounty recommended ecommended for reunder, or any software, e inthe operation of firmware delivered, included, ontractorAgreement (hereinafter any equipment used by Cor stores dates, shall be bletoaccurately "Equipment"), if the Equipment uses process date/time data in four (4) digit year fields (including, but not store and p comparing, interfacing and sequencing) from, into, and limited to, calculating, comp gfirst centuries, and the years 1999 and 2000 and bet nNeen the twentieth and twenty th - leap year calculations. Equipment to rm used added ccost o County, afterg and so that theme year 2000 shall be designed to perform, shall not be experienced software abnormally ending or invalid or incorrect results from the software, microcode, or firmwares that is software in the aor any software, which Contractor further represents and wartion of the Equipment. Contractor acquires from a third party and installs in any Equipment, shall be century -compliant, allowing for uninterrupted and fully -functioning operation and use without regard to changes in dates from one century to another when used in accordance with the item documentaioSn.eG1ll W ontractor discovers that any Is to satisfy the terms of thisparranty, Contractor shall notify pment fai County immediately of such conflict. Nothing this Special may otherwise havetunderlbe th s construed to limit any rights or remediess Contract with respect to defects other than Year 2000 performance. int - The 9.22 Incor oration of Res onse to Request for Letters theCounty,all proposes documenots Letters of Interest (Request) issued bye County, submitted by Contractor to County for evaluation Contractore swhetleby cncorporatedpursuant by which this Agreement was awarded to reference into this Agreement and madeapat her of h thereto Request and all documents provided to County by Contractorresponse ed collectively, "Proposal Documents"). Contractor shall be bound by all terms, conditions representations, and commitments contained in the Proposal Documents. In the event Contractor shall fail ob conaain d I nvthe Prop sat ith any of the terms, conditions, representations, or cmmitment Documents, then, at the option of County, such between shall bAg Bement and the default of this Agreement. in the event of any conflict Proposal Documents, this Agreement shall prevail. 9.23 Performance Bond. The Contractor shall Dollars perfo($600rmance bond )the (''Perfo mince amount equal to Six Hundred Thousand CAF#112.FRM -20- (Rev. 6/19/97) 9.24. The County and Contractor hereby agree that effective as of L..- later date to occur of: the date of execution of this Agreement by both parties hereto, or August 5, 1998, this Agreement shall supersede and terminate that certain agreement between the County and the Contractor for provision of security services that was awarded by the Board on July 11, 1995 and is identified as Bid #D-03-95-03-24. 9.25 COUNTERPARTS This Agreement may be executed in up to five (5) counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD O1.1N0 through Vice Chairs BOARD d to eOF xecute cute samUNTY e bylBoardN action signing b nd through had1998, and WACKENHUT CORPORATION, day of r on the --., +k Vi• President, duly authorized to execute same. ATTEST: Broward County Adn-anlstratvr .. Ex-officio Clerk of t����.oward-`Uddnt _ Y Board of County Conmisaoner' Approved as to lnsura-ace • �� Requirements by '�.. per ,� '+ RISK MANAGEMENT DIVISlM CAF#112.FRM (Rev. 6/19/97) COUNTY BROWARD COUNTY, by and through its Board of County Commissioners ;.approved as to form by �0 ice of County Attorney Broward County, Florida SHARON L. CRUZ, Interim County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Assistant"County Attorney yj9A EXHIBIT "A" SCOPE OF SERVICES SECURITY SERVICES I. GENERAL: A_ The services required are designed to provide security services to any County agency. The County and the Contractor recognize that all the requirements of the services contemplated herein cannot be determined with precision at the time of the award of this contract. However, it is anticipated that the services will include various types of facilities or buildings and may include the use of Security Detection Equipment as is found in airports or courthouses. It is understood that such matters as total number of guard hours required; scheduling, the advertising and announcing of available services, location of posts, will have to be determined and/or adjusted from time to time as the needs of the County dictate. It is the intent and purpose to conduct the services in such a manner as to provide the most efficient operation of the County. All advertising by Contractor for potential employees for this contract shall be as an Equal Opportunity (EEO) employer. B. Contractor must comply with the hours of coverage requested, which may be up to twenty-four (24) hours per day. The County reserves the right to request any changes in the number of guards. number of guard hours of coverage and guard work locations that may be required by any Using Agency. C, Work schedules include shift -work during a twenty-four (24) hour period, and include weekends and public holidays at the standard rate of pay set forth on Exhibit A-1. Schedule requirements for guards will be determined by the Using Agencies, in accordance with operational needs. Unless otherwise specified in instructions from any Using Agency, post coverage will be continuous for the required hours. Contractor will be responsible to provide and cover its employees breaks, including lunches, rest periods, personal needs, etc. Accommodations or facilities for the above is not required to be provided by the County. Contractor is required to send security guards to a Using Agency that are qualified to provide the specific guard services required at the particular County site and that are physically capable of rendering such services under the conditions present at the particular County site. D. The County reserves the right to add, delete or make changes to any guard requirement, including hours of coverage, post location, numbers of posts, number of guards, Guard Class, etc. No guarantee as to the total amount of guard hours to be used by the County under this Agreement is implied herein. E. If Contractor desires to remove any guard stationed at any County site, the Contractor shall give the Using Agency Representative at lease 5 days written notice of same, unless an emergency condition shall require shorter notice. If any employee stationed at any County site is terminated by Contractor, Contractor shall give the Contract Administrator and the Using Agency Representative immediate written notice of such action. The foregoing actions are required so that County can remove such personnel from its security systems in an expeditious manner. N F. Upon written or verbal request of any Using Agency Representative or the Contract Administrator, the Contractor shall remove any security guard from a County site and reassign such guard or take other appropriate action. Such request may be made by the Contract Administrator or a Using Agency Representative for operational reasons, or because the appearance, demeanor, or conduct of such guard is unsatisfactory. H. RF IJIREMENTS OF THE CONTRACTOR The Contractor: A. Shall have available qualified, competent, active, knowledge of contract specifications, and experienced management staff during the hours that service is being provided who shall have the overall responsibility for supervising security services to be provided under this Agreement. Such management shall be authorized to represent and act for the Contractor; meet with the Contract Administrator and the Using Agency Representatives to discuss personnel and work performance and will work accordingly as necessary to assure satisfactory performance of the contract. A list of names and schedule of this staff, including all applicable telephone numbers for emergency notifications, will be provided to the Contract Administrator prior to the execution of this Agreement. The Key Staff identified on Exhibit A-2, are subject to the requirements of Section 2.8 of the Agreement. B, Will insure that guards are prompt and that posts are covered at all times. C. Will provide and post the guard work -shift schedule. This schedule will be provided to Contract Administrator and the Using Agency Representative one week in advance. D. Will provide all personnel with an approved I.D. card to be worn conspicuously by all personnel on duty. E. Will ensure that Contractor's employees will abide by all rules and regulations as set forth by the Using Agencies. F. Shall be responsible for deportment, appearance, conduct and supervision of all personnel concerned with the operation of the security services provided to County pursuant to this Agreement. All such personnel under the responsibility of the Contractor will be required to deport themselves in a respectable manner, to behave in a manner suitable for a public servant, and to be polite, courteous, cooperative and pleasant in the conduct of their duties. G. Shall make available to the Contract Administrator and the Using Agencies, upon request, on an ongoing basis throughout the term of this contract, the complete personnel file on each employee to be assigned to work under this contract. The personnel shall contain copies of, but not limited to, the following documents: M Employees must produce evidence that prior security work was performed to the satisfaction of the former employer(s): such evidence being retained in the employee's personnel file. 3. All employees must be in possession of a valid Florida Operator's Drivers License. Contractor is required to maintain a record on each employee's personnel file which shows driving license number and expiration date. Contractor is required to ensure that licenses remain current. 4. Personal cleanliness is mandatory. 5. Guards in all classifications must be at least 21 years of age, have a high school diploma or a G.E.D., or the higher education required by Exhibit A-1 for the particular position. They must be able to successfully pass a National Criminal Background check and any other background check required by the Using Agency or the Federal Aviation Administration, a medical examination which includes a drug screening (after having been offered employment by the Contractor), and shall receive training from the Contractor as specified in the Contractor's Proposal Documents. 6. State of Florida Guard License Requirements: a. Classifications 1, 2 and 3: Florida State Guard License "D": b. Classification 3: Florida State Gun License "G". 7. All classifications must be able to read, write, speak, understand and be understood in English. Oral command of English must be sufficient to permit understandable communication, even in time of stress. g. If requested by the Using Agency, guards must be reviewed and/or interviewed and receive approval by Using Agency Representative before acceptance for the assignment. D. ELIGIBILITY CRITERIA: All security personnel employed by the Contractor under this contract are required to meet certain minimum qualifications or standards regarding background, experience, health, and licensure, as established in this section unless specifically and individually waived in writing by the Contract Administrator. The final decision as to the suitability of security personnel for employment rests with the Contract Administrator. (1) Must be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form 1-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect immigration status. Acceptable evidence shall consist of a birth certificate or appropriate naturalization papers. (2) May not be employed under this contract if they currently or have in the past been involved in: n transmittal forms accompanying materials being removed from the facility contain a necessary authorizing signature. (7) Makes patrols in accordance with routes and schedules established in the Post Orders. Where installed and in working order, the watchman reporting systems shall be used by uniformed personnel to record their presence at the designated stations. (8) Raises and lowers flags at designated times. (g) Verifies the security of safes and other areas where equipment or materials of value are stored. (10) Locks and unlocks gates and doors at designated times. (11) Turns up lighting at the beginning of each business day to permit ingress of employees, vendors and authorized personnel, reduces and/or turns off lighting as required. (12) Ensures that only authorized personnel are permitted access to closed or restricted facilities or areas by detaining unidentified or unauthorized individuals. (13) Responds to reports of ill or injured patrons, visitors, or employee, renders first aid, and notifies supervisor if further assistance is considered necessary or desirable. (14) Performs minor operations and/or records data in connection with the operation of facility utility systems when required by written instructions from the Building Manager. (15) Reports safety hazards, malfunctioning equipment, liquid spills, and other such matters to appropriate maintenance personnel. (16) Monitors and operates facility fire alarm and intrusion detection systems and other protection devices or facility equipment. (17) Responds to scene of locally activated fire, burglary or other alarms, or other emergency situations, evaluate situations encountered, and takes action as prescribed in Post Orders and/or facility self-protection plans. (18) Investigates questionable acts or behavior observed or reported on County premises and questions witnesses and suspects to ascertain or verify facts. (19) Operates a motor vehicle where required. (20) Maintains order and uses good judgment and discretion in handling unruly or trespassing public. lei Applicable post orders will be maintained on -site and updated immediately when changes occur. Log books to record pertinent daily information should be kept at each post. In addition, an ample supply of blank forms should be kept and used to record events that require further action and information that needs to be brought to the attention of the County. A copy of all post orders, log books, and other documentation shall be provided to the Using Agency, if requested. 4. Training also to include films, emergency service and procedures, and traffic control. 5 Training shall also include course materials on "Accommodations to the Using Agencies Operational and Facilities Policies for Disabled Persons" as approved by the Disability Affairs Section of the County's Office of Equal Opportunity. B. EVALUATION QE TRAINING . The Contract Administrator, and the Using Agencies as applicable, will evaluate the quality and completeness of training provided to all Contractor personnel. Evaluations will include, but not be limited to, reviews of techniques and methods of instruction, quality of instructors, motivation, adequacy of classroom and supportive adjunct training materials, test content, and individual guards' retentiveness. C. INSTRUCTORS All formal training is to be taught, and/or presented by persons who are appropriately certified in one or both of the following ways: By an accredited institution of learning or governmental educational cer-#ification body, or by documentation that the individual has sufficient experience with the subject matter to instruct students in an authoritative, practical, current manner. All site training shall be provided by a contract supervisor or an experienced guard meeting the approval of the Contract Administrator. D. COURSE OF INSTRUCTION A written copy of the proposed course of instruction shall be provided for review and approval by the Contractor to the Contract Administrator prior to the execution of this Agreement. A representative(s) of the Contract Administrator may visit training classes without notice, to monitor this course. E. CERTIFICATION OF TRAINING All training, with the exception of follow-up orientation and subsequent training of replacement guards, shall be completed prior to assignment under this contract. A written certification of each employee's training, including supervisors, shall be submitted to the Contract Administrator and Using Agency, as applicable, prior to an employee's entrance to duty, except as specifically waived by the Contract Administrator. A Access control, including people ai .0 packages Circulation and crowd control Interviewing techniques Safety inspection and awareness (d) Retort Writing Written report methods and requirements Requirements for legibility and -literacy (e) Basic First Aid - includin CPR ({� SpecialSituations - Escort services - Loiterers - Vandalism - Threats to personnel safety - Burglary, robbery, or theft Espionage Sabotage - Drugs/Alcohol (g) Erner_enc_y Services Emergency or disaster response procedures Fire control systems and equipment Fire Prevention Fire fighting methods and procedures Responding to facility alarms Law enforcement/private security relationship Riot or crowd control be the sole assessor of that effectiveness. The Slle Orientation Training will consist of the following: (a) General and specific orders for the facility. (b) Policy and specific procedures for responding to emergency alarms, bomb threats, incendiary devices in the facility. (c) Procedures for access control and operation of the security system within the facility. (d) Procedures for operation of the fire alarms, fire control system, and fire -fighting equipment. 4, Refresher Training RT Periodic training of each employee is required to be conducted by contract supervisors in order to insure continued understanding of and familiarity with existing or new facility conditions. Refresher Training is to be conducted at a minimum of one time within the first 14 days of an employee's post assignment, and additionally at the request of the Using Agency or at the request of the Contract Administrator. Such training shall be conducted at the expense of the Contractor and may include, should circumstances dictate (e.g. repeated violations by a guard), not only Site Orientation Training but also any or all portions of Basic Instructional Training. V. UNIFORMS AND RELATED E UIPMENT AND SUPPLIES FOR SECURITY GUARDS: A. UNIFORMS All uniforms shall be provided by Contractor and/or employees. The County will not provide any uniform or uniform element. Contractor must ensure that all security personnel and supervisors are fully equipped and wearing complete County -approved uniforms including uniform jackets with required patches and guard name tags. Security Personnel shall wear uniforms whose color and style have been approved in advance by the Contract Administrator or the Using Agency. All employees performing under this contract shall be required to wear the same color and style of uniform, distinguished only by Contractor identification patches (see below). Uniforms do not have to be new, but MUST be in good condition and meet contract standards. Said uniforms will consist of the following items unless otherwise required under the terms of this contract: (1) Trousers, all -season weight, all the same color and style. (2) Shirt/blouse, short or long sleeve all the same color and style. (3) Belt - solid black 12 (5) Two-way radio, licensed for use by the Federal Communications Commission (FCC), and meeting all requirements as specified in this Agreement. 2. Armed Guards Armed Guards will be provided only as specifically requested by the Using Agency Representative, and approved by the Contract Administrator. (�) Pistol belt, with shoulder strap. (2) All of the equipment listed above. (3) Pistol C. VEHICULAR E UIQ PMENT Security personnel may be required by the County to operate licensed motor vehicles in order to move between non -adjacent scheduled foot -patrol assignments or to conduct vehicular patrols of an area. Likewise, they may be required to operate off-street motorized carts in order to conduct vehicular patrol of an area. Said vehicles will be provided through this contract by the Contractor and maintained by the County for the duration of the contract. Vehicle types, color, markings, lights and other features shall be approved by the Contract Administrator or the Using Agency Representative. The Contractor may be required to provide a maximum of up to three (3) off-street motorized carts. The rates for same are as specified on Exhibit A-1. D. USE AND MAINTENANCE OF E UIPMENT AND UNIFORM 1 The uniform and equipment shall be used only when security personnel are on official duty or while in transit between their place of residency and assigned duty station. Furthermore, at any and all times while in uniform, security personnel and supervisors are required to wear a complete uniform, and to be fully equipped. Also, security personnel shall not be permitted to provide themselves with any unauthorized equipment such as chemical agent, concealed weapons, personal radios, or other items not specifically approved by this contract or by Contract Administrator or Using Agency Representative. 2. Maintenance of Uniforms and E ui ment The Contractor is responsible for assuring that security personnel maintain a neat appearance in accordance with contract standards, up to and including responsibility for maintenance and replacement of uniforms, as necessary. Likewise, it is expected that all equipment used by the Contractor, provided by either party, shall be kept clean, well -maintained, and 14 a All material required to perform this contract and not othe,wise mentioned as being provided by the County shall be provided by the Contractor and/or employee at their expense. MINIMUM UNIT=CRM AND FC2UIPMENT ISSUE In order to ensure that all on -duty security personnel are fully equipped and meet contractual standards for neatness of appearance, the Contractor will be required to issue to each employee, and maintain throughout the term of this contract, uniforms and equipment in the following numbers: (a) Trousers, four (4) (b) Shirts/blouses, five (5) (c) One (1) set of all other uniform components as specified in Section V.-A. 2. Hand -Held Radios (a) Two-way hand-held radios, licensed for use by the Federal Communications Commission, are to be provided by the Contractor to on -duty contract security guards, and supervisors. (b) In addition, the Contractor shall provide upon request similar radios, with portable chargers, to Security Management personnel supervising this contract, not to exceed two in number, and to be returned to the Contractor upon expiration of the contract. Should any additional radios be required, the Contractor agrees to rent additional radios to the County at a rate of two dollars per day, per radio. (c) Base station to have telephone service and be capable of contacting vendor's project managers and management personnel 24 hours per day, 7 days per week. (d) Contractor personnel must be available at the Central Dispatch Station who have the ability and authority to take immediate action on behalf of the County or Contractor, as required. This station shall have a complete roster of all security officers assigned to County posts and hours to be worked. (e) System Quali Radio communications among system users (i.e. County and Contractor security personnel) is expected to be strong and clear at all times ("five by five"), both transmitting and receiving, The Contractor shall be totally responsible for providing and maintaining system quality. 16 EXHIBIT "A-1" SPECIFICATIONS, REQUIREMENTS_, RATES SECURITY SERVICES AND EQUIPMENT The rates and charges for security guards and equipment set forth below shall be inclusive of all overhead (including costs Of Key Staff), benefits, maintenance, and other charges whatsoever. �. SECURITY GUARD CLASSIFICATIONS AND RATES: CLASS 1 This is the regular classification of security officer. This individual must be able to perform basic functions such as st8nding post, completing reports. making notifications. The individual must meet all of the following minimum criteria: o High School Diploma o At least 21 years of age o Successful Completion of Background Investigation, as set forth in the Proposal Documents and in Exhibit A, and including any additional requirements of any Using Agency or the FAA o Completion of State Required 16 Hours of Training for "M Security Officer License a Have attended the 40-hour training class described in the Proposal Documents, to be conducted by ment to a County site, and have attended an 8-hour refresher course the Contractor prior to assign each year. d Acceptable appearance and demeanor, with reasonable communication skills Rate Per our for Each Contract Year -Class I Bill Rate Overtime Rate Contract Year 1 $12.00 $ 18.00 Contract Year 2 12.00 18.00 Optional Contract Year 3 12.48 18,72 Optional Contract Year 4 12.85 19.28 Optional Contract Year 5 13.11 19.67 CLASS II This is the intermediate classification of security officer. This classification may be used in sensitive and high visibility areas. The individual must meet one or more of the following criteria: o One (1) year of law enforcement or military experience from any branch of the Armed Forces with an honorable discharge documented on a DD214 form o At least two (2) years of college experience (60 semester credit hours), resulting in an associate's degree or higher o One (1) year as a security supervisor, or three (3) years security experience with a meaningful employmen history Exhibit A-1, Page 1 of 4 EXHIBIT "A-1" Site 5u ervisor This position may be needed at certain County sites as determined by the applicable Using Agency Representative. The individual must meet all of the following minimum criteria: Possesses verifiable supervisory experience within either civilian law enforcement, military, or with The Wackenhut Corporation. o Graduate of a certified federal, state, county or local law enforcement training program, military police training or equivalent with appropriate certificate or diploma. o Have a minimum of three (3) full years experience in certified law enforcement in a military or civilian setting. a Professional appearance and demeanor, with above average communication skills a At least 21 years of age o Successful Completion of Background Investigation, as set forth in the Proposal Documents and in Exhibit A, and including any additional requirements of any Using Agency or the FAA a Completion of State Required 16 Hours of Training for "D" Security Officer License o Have attended the 40-hour training class described in the Proposal Documents, to be conducted by the Contractor prior to assignment to a County site, and have attended an 8-hour refresher course each year. Rate Per Hour for Each Contract Year - Site Supervisor Bill Rate Contract Year 1 $19.32 Contract Year 2 19.32 Optional Contract Year 3 20.09 Optional Contract Year 4 20.69 Optional Contract Year 5 21.10 Overtime Rate $ 28.98 28.98 30.14 31.04 31.65 Exhibit A-1, Page 3 of 4 EXHIBIT "A-2" KEY STAFF The following Key Staff shall be assigned to the oversight of operations under this Agreement, at no additional charge to the County. William B. Schira, Area Manager and operationsSecurity Manager Edward Farnan, ManagerPhysical Major Dan Poole, Area Supervisor Major Allen Reynolds, Area Supervisor Major Jarnes Vazquez, Area Supervisor Captain Larry May, Senior Street Captain Captain Joe Ails, Street Captain Captain Sam Carrasquillo, Street Captain Captain Paul Burbridge, Street Captain Captain Chris Dittmer, Street Captain In addition, Contractor shall provide back-up security guard services (at no additional charge to County) to provide relief to guard positions at County sites, such that posted guards shall have the ability to take scheduled 15 minute breaks and County shall not have security guard service interrupted during such breaks. Exhibit A-2, Page 1 of 1 EXHIBIT C FEDERAL AND COUNTY NONDISCRIMINATION RE UIREMENTS 1. NONDISCRIMINATION - 49 CER PART 21 RE UIREMENTS During the performance of this contract,' the Consultant./Contractor/ Tenant/Concessionaire/Lessee/Permittee/Licensee for itself, its personal representatives, assigns and successors in interest (hereinafter referred to collectively as the "Contractor") agrees as follows: (a) Compliance With Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in Federally Assisted Programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (b) Nondiscrimination. The Contractor shall not discriminate on the grounds of race, color, religion, gender, national origin, age, marital status, political affiliation, familial status, physical or mental disability, or sexual orientation in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (c) Solicitation for Subcontracts lncludina Procurement of Materials and Equipment. In all solicitation either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, religion, gender, national origin, age, marital status, political affiliation, familial status, physical or mental disability, or sexual orientation. (d) Information and Reports. The Contractor shall provide all information and reports - required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the County or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. Exhibit C, Page 1 of 5 Contractor shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR. Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. II. NONDISCRIMINATION - 14 CFR PART 152 REQUIREMENTS During the performance of this contract, the Consultant/Contractor/Tenant/ Concessionaire/Lessee/Permittee/Licensee, for itself, its assignees and successors in interest (hereinafter referred to collectively as the "Contractor") agrees as follows: The Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, color, religion, gender, national origin, age, marital status, political affiliation, familial status, physical or mental disability, or sexual orientation be excluded from participation in any employment, contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. The Contractor assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this Subpart. The Contractor assures that it will require its covered suborganizations to provide assurances to the Contractor that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations as required by 14 CFR Part 152, Subpart E, to the same effect. The Contractor agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR Part 152, Subpart E, as part of the affirmative action program, and by any federal, state, or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order or similar mechanism. The Contractor agrees that state or local affirmative action plans will be used in lieu of any affirmative action plan or steps required by 14 CFR Part 152, Subpart E, only when they fully meet the standards set forth in 14 CFR 152,409. The Contractor agrees to obtain a similar assurance from its covered organizations, and to cause them to require a similar assurance of their covered suborganizations, as required by 14 CFR Part 152, Subpart E. If required by 14 CFR Part 152, Contractor shall prepare and keep on file for review by the - FAA Office of Civil Rights an affirmative action plan developed in accordance with the standards in Part 152. The Contractor shall similarly require each of its covered suborganizations (if required under Part 152) to prepare and to keep on file for review by the FAA Office of Civil Rights, an affirmative action plan developed in accordance with the standards in Part 152. Exhibit C, Page 3 of 5 IV. NONDISCRIMINATION - 49 CFR PART 23 DBE ASSURANCES (a) policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. (b) DBE Obligation. The Contractor agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, religion, gender, national origin, age, marital status, political affiliation, familial status. physical or mental disability, or sexual orientation in the award and performance of DOT -assisted contracts. Exhibit C, Page 5 of 5 08/28/02 08:03 FAX 9543578535 BRWD PURCHASING [d]002 MAY S, 2002 WACKENHUT CORPORATION ATT: MR. SCHIRA FAX: (954) 771-1845 REFERENCE: BID #D0902975I301 DEAR MR. SCHIIR4: EXHIBIT m2N Purchasing Division 115 S. Andrews Avenue, Room 2W Fort Lauderdale, F1_ 33301 (954) 357_6065 - FAX (954) 3`,7-5635 WE HEREBY ACCEPT YOUR WRITTEN OFFER TO RENEW THE ABOVE REFERENCED CONTRACT_ THIS RENEWAL IS SUBJECT TO ALL TERMS/CONDITIONS CONTAINED IN THE ORIGINAL. CONTRACT. THIS CONTRACT RENEWAL IS IN EFFECT FOR THE PERIOD BEGINNING AUGUST 5 2002 AND ENDING AUGUST 4 2 03. A COPY OF THIS NOTICE, 1S BEING FORWARDED TO THE APPROPRIATE USER(S). PURCHASE= OFiDER(S) WILL BF_ PLACE[) AS AND WHEN REQUIRED. THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH BROWARD COUNTY. SINCERE 466i� JOE FROWN, URCHASING AGENT II FORM#12 REv.121D0 BROWAR❑ OCUNTY BOAR❑ OF COUNTY COMMISSIONERS - An equal Opportunity Employer and Provider of Servicas �osephus Egg ellelion, Jr. Ben GMbAr Suzenrle N_ Ourabumar Kristin D. Jarnbu iww Ueberman Lod Nanoe N, rrjah John E. Rodsrrom, Jr_ James A. Scalt Diane Wasserman -Rubin wnh M M the k7wrwl WWW_b.0uad.nnVkh6T� CERTIFICA_ TE OF LIABILITY D/Y ATE (MM/DDY) INSURANCE ' ; . :: 06/28/2002 PRODUCER Serial # A1578 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aon Risk Services, Inc. Of Flo;-Flo;Wa HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 019012 Miami, FI 33101-9012 Lt\ `- �� ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY f American Home Assurance A COMPANY � B National Union Fire Ins. Co. /1 INSURED The Wackenhut Corporation 4200 Wackenhut Drive, #100 -- ---- - COMPANY Insurance Co. Of State Of PAa- Palm Beach Gardens, FL 33410 COMPANY D COVERAGES.. y'BELOW THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THEINSUREDNAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER RMGL6123612 POLICY EFFECTIVE DATE (MM DD/YY) POLICY EXPIRATION DATE (MM/DD(YY) LIMITS f A GENERAL LIABILITY 09/01/2001 10/02/2002 GENEHALAGGREGATE $ 5,000,000 PRODUCTS - COMP/OPAGG� $ 5,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [_X] OCCUR PERSONAL & ADV INJURY $ 5,000,000 EACH OCCURRENCE $ 5,000,000 -_� OWNER'S & CONTRACTOR'S PROT X CONTRACTUAL/E&O FIRE DAMAGE (Anyone lire) $ XXXXXX mm X PROF. LIABILITY T MED EXP (Any one person) Is XXXXXX A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS RMCA5347954 or RI`/) ,� Date of Review: LOIIf01 }�CAMBINED _ 1. 0,212002.X ! SINGLE LIMIT ---..-. $j000,000 - 130DILY INJURY (Per person) _._.._..-- S HIRED AUTOS NON -OWNED AUTOS Acceptable r ) X X B INJURY accident) (Perer accident) $ Not Acceptable PROPERTY DAMAGE $ m GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ j L- ANY AUTO _ OTHER THAN AUTO ONLY. m� f - _ EACH ACCIDENT — $ - — AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM _ $ OTHER THAN UMBRELLA FORM AWORKER'S COMPENSATION AND EMPLOYERS'LIABILrrY WC5276981 (A) _F_O7/ IWC5276982 (A) /2002 10/02/2002 X oRY Lln�rs OER 1EIL EACH ACCIDENT Is 1,000,000 -•"`�^"�""'"'" X INCI-YV='O.'•/tiyt�.� PARTNERS/EXECUTIVE OFFICERS ARE. EXCL (IU% WC52760984 (C) EL DISEASE - POLICY LIMIT S 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS CONTRACT #D9029777RB01 PLEASE SEE ATTACHED CERTIFICATE HOLDER ; ^,' CANCELLATIQN ; ox:'. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF TAMARAC PUBLIC WORKS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL FINANCE DEPARTMENT, PURCHASING DIVISION 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 7525 N. W. 88TH AVENUE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY TAMARAC, FL 33321-2401 ATTN: LYNDA S. FLURRY, CPPO OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, PURCHASING AND CONTRACTS MANAGER jAUrHORzeD REPRFFNr�ArlvE� ACORD 25-S (1/95) ''' ' ;% Q ACORD CORPORATION 1988 r THIS ENDORSEMENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT # 2 This endorsement, effective 12:01 A.M. 09/01/01 fonds a part of Policy No_ RMGL 612-36-12 issued to THE WACKENHUT CORPORATION By: AMERICAN HOME ASSURANCE COMPANY ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement mortifies insurance provided under the following: Section II - WHO IS AN INSURED is amended by the addition of the following: An additional insured is any person or organization to whom the Insured becomes obligated to include as an additional insured under this policy, as a result of any contract or agreement the Insured enters into which requires the Insured to furnish insurance to the additional insured of the type provided by this policy, but only with respect to liability arising out of the Insured's operations, specifically the performance of any services for the additional insured pursuant to said contract or agreement. However, this policy does not provide any coverage for any negligence ( joint, concurrent, independent or individual ), acts, errors or omissions of any additional insured or its employees. However, irrespective of the insurance provided under this policy, the coverage afforded to an additional insured is specifically limited to the minimum coverage and the minimum coverage limits required by said contract or agreement to provide services to an additional insured. This provision shall not apply, however, in those instances where the minimum coverage or the mitutnum coverage limits required by said contract or agreement exceed the coverage or limits for which The Wackenhut Corporation is insured by this policy. All other terms and conditions remain unchanged Authorized Represent e Fri. Aug. 30. 2002 ambest-com • Ratings 8 Anilyais i News Publlcaticns it Products & SarviC@5 I RATtttii 1 " • Insurance Resources *About A.M. Best 02034 -American Home Assurance Rating Company SEARCH onter r Best mpany Member of American International Group Inc or A.M.A.61. Bast Number A.M. Best #: 02034 NAIC #: 19380 View a list of group members or the group's rating GU -. sBest's Ratin . More Search Options ZM7BEST A++ (Superior)* '\Where ` Financial. Size Category in the XV ($2 billion or more) world is A.M. BEST? Find our locations "Ratings as of 8130/02 11:01:01 AM E.S.T. co';'' or purchase the complete Best's.,Company_ Report for in-depth analysis. Y. Q Send us your comments Rating Category (Superior ): Assigned to companies which have, on balance, superior financial strength, operating performance and market profile when compared to the standards established by the A.M. Best Accessing the pages Company. These companies, in our opinion, have a very strong ability to meet their ongoing obligations to on ambest.com policyholders. constitutes the user's Best's Ratings reflect our opinion based on a comprehensive quantitative anc agreement toour qualitative evaluation of a company's financial strength, operating erformance anc terms ofuse; qg p g p Information collected market profile. These ratings are not a warranty of an insurer's current or future ability' via this Web site is to meet its contractual obligations. (Best's Ratings are proprietary and may not be protected by our reproduced without permission from A.M. Best.) p.r. i v..a..cy_statement, Comments or concerns should be directed to The rating symbols "A++", "A+", "A", "A-", "B++", and "B+" our customer serylcg are registered certification marks of the A.M. Best Company, Inc. group; For other matters refer to our Gontd...ct._us. page. Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+, companies. This special emblem displays their rating and category (Superior, Excellent or Very Good), helping you discern industry leaders at a glance. Insurance CompanieE interested in placing a Best's Security Icon on their web site are required to reg.istel':. online. ...... ......... .. ......... ......... ........ ......... .... . Copyright © 2002 by A.M. Best Company, Inc.. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our to ma,of use for additional details. Fri, Aug. 30. 2002 '� BEST � �► � ambest.corn.� a . I / • �'...: • Ratings 8 Analysis / Nor • News Publications f ' q Products B Services ++ RATING v Insurance Resources *About A.M.Best 02351 - National Un Fire Ins Co ' Rating SEARCH Pittsburgh, PA Enter nuNber Member of American International Group Inc or A.M. Boat Number or A.M. Best A.M. Best #: 02351 NAIC #: 19445 View a list of aroup members or the.groui)'s rating G0. Best's Rating More Search Options � BE - A++ (Superior)* ^,,where Financial Size Category in the world is So or s' XV ($2 billion or more) ", A.li1.11ESTI Find our locations *Ratings as of BI30102 11:01:01 AM E.S.T. What dty or purchase the complete Best's CompanyR....e.port for in-depth analysis. yuu thinJ(� Send us your coin ments Rating Category (Superior ): Assigned to companies which have, on balance, superior financial strength, operating performance and market profile when compared to the standards established by the A.M. Best Accessing the pages Company. These companies, in our opinion, have a very strong ability to meet their ongoing obligations to on ambest.com policyholders. constitutes the user's Best's Ratings reflect our opinion based on a comprehensive quantitative anc agreement to our term.g_of..._use; qualitative evaluation of a company's financial strength, operating performance anc Information collected market profile. These ratings are not a warranty of an insurer's current or future ability' via this Web site is to meet its contractual obligations. (Best's Ratings are proprietary and may not be protected by our reproduced without permission from A.M. Best.) p...ri_v...acy_state rnent; Comments or concerns should be directed to The rating symbols "A++", "A+", "A", "A-", "B++", and "B+" our _c;u_$t.Qmer-service are registered certification marks of the A.M. Best Company, Inc. group; For other matters refer to our c.o...ntac...t-.u..s. page. Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+,: companies. This special emblem displays their rating and category (Superior, Excellent' or Very Good), helping you discern industry leaders at a glance. Insurance Companie.'-' interested in placing a Best's Security Icon on their web site are required to re istel` online. ..................... Copyright © 2002 by A.M. Best Company• Ln. c, ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. Fri: Aug. 30, 2002 PP�M_— _�1 ambest-com o Ratings B Analysis i Ne'rr5 Publicatir_ns it Products & Seryires • Insurance REsourcPs o About A.M. Best Rating SEARRCCH Enter Company Name or A.M. Best Number Ga More Search Options JWhere in the world is A.M. REST? Find our locations Whatdo you twak Send us your corn ments Accessing the pages on ambest.com constitutes the user's agreement to our terms ._of -use; Information collected via this Web site is protected by our, privacy statement; Comments or concerns should be directed to our custo..mer service group; For other matters refer to our conta.ct.us page. f, HATING " w 02035 - Insurance Company of State of PA Member of American International Group Inc A.M. Best #: 02035 NAIC #: 19429 View a list of group members or the�c roue s-rat"cn F> Best's t's,..Ratina p A++ (Superior)* M BE Financial._5ize Category " XV ($2 billion or more) "Ratings as of "0102 11:01:01 AM E.S.T. or purchase the complete Best's Company Repo for in-depth analysis. Rating Category (Superior ): Assigned to companies which have, on balance, superior financial strength, operating performance and market profile when compared to the standards established by the A.M. Best Company. These companies, in our opinion, have a very strong ability to meet their ongoing obligations to E Best's Ratings reflect our opinion based on a comprehensive quantitative anc qualitative evaluation of a company's financial strength, operating performance anc market profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. (Best's Ratings are proprietary and may not be reproduced without permission from A.M. Best.) The rating symbols "A++" "A+^ "A" "A_" "B++", and "B+" are registered certification marks of the A.M. Best Company, Inc. Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+'. companies. This special emblem displays their rating and category (Superior, Excellent or Very Good), helping you discern industry leaders at a glance. Insurance Companies; interested in placing a Best's Security Icon on their web site are required to register online. Copyright © 2002 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our telr�sof use for additional details.